Will a non-compete hold up if I lose my job?

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Will a non-compete hold up if I lose my job?

I signed a non-compete clause several years ago. The complaint I work for is loosing contracts more than getting them. One more and I may be out of work. This is my profession and the skills I have were gained prior to my employment with this company.

Asked on October 4, 2011 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A non-compete is enforceable as a general matter, when the employee leaves employment. If you are fired or terminated, however, it should not be enforceable--the company can't fire you then prevent you from working. However, again, if you leave the job for any reason, the non-compete should be enforceable.

A non-compete has *nothing* to do with where and when you learned your skills; it's a simple contract you signed as part of employment, and you are bound to its terms, except as per below. You should have an attorney review the contract or clause with you, to make sure you understand exactly what is involved and required of you.

If the non-compete is too broad, however, while it could still be enforced, courts will often reduce it's scope to more reasonable levels--for example, if it's too long, reduce its period of time; if it affects too large a geographic area, reduce the area covered; etc. Your attorney can review these elements and advise you as to whether you may have grounds to have the agreement reduced in scope or otherwise challenge it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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